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CEC Work Experience Issues

Dec 4, 2017
9
0
Good Evening Forum,

I currently have a PR application in process (Jan 2020 decision) but I am growing concerned about a possible issue with my work history. I was issued a procedural fairness letter during the process for my first application, the officer had a concern about my work history. By the point of that ITA (Jan 2019) I had at least 12 months (or so I thought) of full time work. I had September-December 2017, May-August 2018, and September-December 2018 full time teaching schedules. I had a part time-ish schedule (got assigned an additional course to make it full time about half-way through the semester) from January-April 2018.

The school I worked at for September 2017-August 2018 was a gong show. (Did I use that correctly?) They did not share my ROE (record of employment) with me until I reached out to them for assistance during the procedural fairness information gathering process. Despite their reference letter attesting to me working full time for the times specified above, the ROE showed that I worked a total of 1150 hours. I thought it was off but as it was submitted with another reference letter that detailed my daily work hours at the school, I was hopeful that it would clear up any concerns the CIC officer had about my work experience.

I was refused PR due to the miscalculation on the ROE. The CIC officer calculated that I had not worked full time at the school because they used the incorrect ROE numbers like so:

1150 / 47 (weeks I worked for the school) = 24.46

So I was crushed, I got the refusal the night before Canada Day. (Great news on a holiday weekend!) I intermediately emailed my former principal about the refusal due to the ROE and how I thought it was incorrect. He replied a few days later that they would look into it. Two days or so after that he reveals that they had miscalculated by 600 hours, my ROE should have reflected 1760 hours. I asked for a new one so I could submit it to CIC in hopes of overturning my refusal. So I did that and used the same calculation the officer did:

1760 / 47 weeks = 37.44 hours

The CIC officer did not agree and my application remained denied. I did claim that I worked 40 hours a week for the duration of my time at the school, so maybe that is why they refused to overturn my appeal? They did question my current employment in the procedural fairness letter, but they never mentioned it in any correspondence after that, so I assume that employment is acceptable as full time.

The updated ROE was submitted with the CRA so that would be acceptable, right? Why do you think they would reject this updated documentation that accurately addresses the core concern?
I used this updated ROE in my current ongoing application, because it is documented evidence of my Canadian work experience. What are the community's thoughts? The updated ROE clearly states I worked full time for the duration of my employment but CIC still dismissed it? Should I be concerned for my current pending application?

Thank you for your attention.
 

jes_ON

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IRCC made a decision based on the information you provided when you applied. They only reconsider a refusal if you demonstrate that IRCC made a mistake. In this case, the mistake was yours, no reconsideration. It is that simple, no need to read any more into it.

You can certainly reapply with the correct information. Clearly it was a mistake to provide 2 contradictory pieces of evidence as supporting documentation. Submitting a document that has errors on it is clearly not an optimal strategy, you should have gotten it corrected before submitting, or find alternative documentation.

Best of luck with the 2nd application -